Judge To Hear Newtown 911 Calls Before Decision On Release

NEW BRITAIN — A Superior Court judge Monday began the process of deciding whether to release recordings of 911 calls made from Sandy Hook Elementary School to Newtown police on the morning of the Dec. 14 shootings.

The Freedom of Information Commission in September ordered Newtown police to release tapes of 911 calls made from inside the school during the attack that killed 20 first-graders and six women, ruling unanimously that the calls were not exempt from mandatory disclosure. That decision was made over the objections of Danbury State's Attorney Stephen J. Sedensky III, who has appealed the ruling in court and sought a stay of the order to release the tapes.

Superior Court Judge Eliot Prescott said he needed to hear the tapes to make his decision. On Monday in Superior Court in New Britain, he said he would listen to the tapes and make a decision "in the near future." He said the decision would not be made Monday.

Victor Perpetua, an attorney for the Freedom of Information Commission, suggested Monday that the judge consider recent leaks of what was on the 911 calls. Prescott said the leaks would have no bearing on whether he ruled the tapes should be made public.

In his appeal, Sedensky argues that the commission erred in rejecting his assertion that release of the tapes would jeopardize a law-enforcement action and would violate a state law banning the release of information related to child-abuse investigations. Sedensky is also asking the court to overturn the commission's finding that the tapes are not the equivalent of signed witness statements, which are exempt from disclosure. And he has argued that authorities were justified in withholding the tapes to spare callers from possible intimidation or harassment, saying the anguished pleas of private citizens shouldn't become "fodder for the evening news."

Nathan Zezula, a lawyer representing Newtown, said Monday that the town supported having the judge review the tapes before making a decision on their release. Newtown First Selectman Pat Llodra recently said she supported releasing the tapes.